Sangareshwaran @ Sankar Ganesh v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03.10.2025 PRESENT THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN CRL OP(MD). No.16898 of 2025 1.Sangareshwaran 2.Sakthimani 3.Murugeshwari ... Petitioners Vs The State Rep. by The Inspector of Police, Alanganallur Police Station, Madurai District.

(Cr. No.315 of 2025) ... Respondent For Petitioner : Mr.K.Gunasekarapandiyan For Respondent : M/s.M.Aasha Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS, 2023 PRAYER :- For Anticipatory bail in Cr.No.315 of 2025 on the file of the respondent 1/6

police.

ORDER : The Court made the following order :- The petitioners / accused Nos.1 to 3, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 110(1), 118(2), 351(3) of BNS read with Section 4 of TNPHW Act, in Crime No.315 of 2025 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that on 30.08.2025, a fight broke out due to a property dispute between the petitioners and the defacto complainant. The defacto complainant and the petitioners were injured and were admitted in the hospital. They were treated and discharged from the hospital on the same day. Hence, the case. 3.The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution, and they have been falsely implicated in this case. He, however, submits that the petitioners are ready to abide by any conditions to be imposed by this Court. He therefore prays for grant of 2/6

pre-arrest bail to the petitioners.

4. The learned Government Advocate (Crl. side) appearing for the respondent submitted that the offences committed by the petitioners are serious in nature. However, injured discharged from hospital. 5.Considering the fact that the petitioners and the defacto complainant are neighbors, there is a property dispute between them, and there is no previous case against the petitioners and injured discharged from hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on his appearance, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Vadipatti, within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed 3/6

and on further conditions that:

[a] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity. [b] the petitioners shall report before the respondent Police on every Monday and Friday at 10.30 a.m. until further orders. [c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners shall not abscond either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 2023.

(M J R J) 03.10.2025 Sml 4/6

TO

1. The Judicial Magistrate, Vadipatti.

2.The Inspector of Police, Alanganallur Police Station, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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M.JOTHIRAMAN,J Sml CRL.OP(MD)No.16898 of 2025 03.10.2025 6/6